Page 296 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9999

the military judge shall excise the portions of the statement that do not relate to the subject
matter concerning which the witness has testified, and shall order that the statement, with such
material excised, be delivered to the moving party. Any portion of a statement that is withheld
from an accused over objection shall be preserved by trial counsel, and, in the event of a
conviction, shall be made available to the reviewing authorities for the purpose of determining
the correctness of the decision to excise the portion of the statement.
(d) Recess for examination of the statement. Upon delivery ofthe statement to the moving party,
the military judge may recess the trial for the examination of the statement and preparation for its
use in the trial.
(e) Remedy for failure to produce statement. If the other party elects not to comply with an order
to deliver a statement to the moving party, the military judge shall order that the testimony of the
witness be disregarded by the trier of fact and that the trial proceed, or, if it is trial counsel who
elects not to comply, shall declare a mistrial if required in the interest of justice.
(f) Definition. As used in this mle, a "statement" of a witness means:
(1) A written statement made by the witness that is signed or otherwise adopted or approved
by the witness;
(2) A substantially verbatim recital of an oral statement made by the witness that is recorded
contemporaneously with the making of the oral statement and contained in a recording or a
transcription thereof; or
(3) A statement, however taken or recorded, or a transcription thereof, made by the witness to
a federal grand jury.

914A. Use of remote live testimony of a child
(a) General procedures. A child shall be allowed to testify out of the presence of the accused
after the military judge has determined that the requirements of Mil. R. Evid. 611(d)(3) have
been satisfied. The procedure used to take such testimony will be determined by the military
judge based upon the exigencies of the situation. At a minimum, the following procedures shall
be observed:
(1) The witness shall testify from a remote location outside the courtroom;
(2) Attendance at the remote location shall be limited to the child, counsel for each side (not
including an accused prose), equipment operators, and other persons, such as an attendant for
the child, whose presence is deemed necessary by the military judge;
(3) Sufficient monitors shall be placed in the courtroom to allow viewing and hearing of the
testimony by the military judge, the accused, the members, the court reporter, and the public;
(4) The voice of the military judge shall be transmitted into the remote location to allow
control of the proceedings; and
(5) The accused shall be permitted private, contemporaneous communication with his
counsel.
(b) Definition. As used in this rule, "remote live testimony" includes, but is not limited to,
testimony by videoteleconference, closed circuit television, or similar technology.
(c) Prohibitions. The procedures described in this rule shall not be used where the accused elects
to absent himself from the courtroom pursuant to R.C.M. 804(c)(I).

Rule 914B. Use of remote testimony
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(a) General procedures. The military judge shall determine the procedures used to take
testimony via remote means. At a minimum, all parties shall be able to hear each other, those in